RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume 6, Issue 334, 15 November 1862, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuesday, Novembeb 11. (Before J. Curling, Esq., R.M., and M. Fitzgerald Esq., J.P.) Thomas Mastebson was committed for 10 days to gaol for drunkenness in the streets of Napier on the previous day — the dates of hishaving been lately punished for the same offence being 3rd and 17th October and sth November. Barry v. Hallasey. — A claim for £8 being balance of a contract for improvements to defendant's house. The contract was for £40, which defendant expected to get from the Napier Building Society ; but, upon their surveying the work, they award £32 only, leaving the balance of £8 sued f or. Judgment for plaintiff for whole amount and costs, 235.

Wednesday, Nov. 12. (Before J. Curling Esq., E.M.) William Dannody, a private in the second battalion of H.M. 14th regiment, stationed at Napier, was charged for that on the evening of Sunday the 9th inst., at Te Onepoto, in the town of Napier, he did unlawfully assault one Jane Doran, wife of John Doran, private in the abovenamed regiment, with intent &c. Jane Doban, being sworn, states, — On Sunday night the 9th November, I went to bed about half-past 8. I live at Onepoto in a house of which I and my husband have charge. I was by myself, except only' my three children. I was awakened by the barking of the dog. When. I rose up in the bed I lifted the -window curtains and saw the prisoner standing at the window with his arms folded. I heard then the back window opening, and I made my escape out of the front door of the house, with my night clothes on, and a shawl thrown over them. At that time his body was partly through the window ; this I saw after I had got out. He then came towards me from the window ; he got hold of me and threw me down. [Witness here described the attempt made upon her person, and the revolting language used by the prisoner. In the struggle she managed to escape from him.] In cross-examination witness denied having ever spoken before to the prisoner ; she had seen him once or twice in some of the married men's houses, but had had no conversation with him. In reply to the prisoner she said, — "I never brought you into my house on the 9th November, and I did not give you any liquor to drink. I am not in the habit of bringing single men into my house except when my husband was present.. You did not give me any money that night." John Preston, Sergeant, deposed that on the night in question, at half -past 10, he was coming up the Onepoto gully. It was clear moonlight. He met Mrs. Doran, who told him that some man had made an attempt to break into her house. She seemed in a very confused and terrified state, and was crying. She said nothing of the more serious charge, merely that he had got her down and kicked her. He searched and found the prisoner lying down under some trees about six yards from the house. I left him in, charge of a private who waa with me, and went for the guard. The prisoner, when taken out from the trees, was very drunk, shouting. William Obawford, .Sergeant of the Guard, deposed to receiving the prisoner, in custody on the night referred to. He was very drunk, shouting and riotous. Prisoner was so violent that witness was obliged to tie him up and put him in a cell. William Aisher, Provost Sergeant, and John Langan, private, both deposed to having heard the shrieks of the female witness on Sunday night, and having been on the spot immediately afterwards. Her statements to them were similar to that made to Sergeant Crawford. The prisoner, after being cautioned in the usual way, stated : — On the night of the 9th inst. (Sunday), I was coming up the Onepoto road, when I saw Mrs. Dorran standing at her gate. She bid me the time of night and asked me to come in, saying that there would be time enough for me to get to barracks, and I went into the house with her. She gave me some drink out of a bottle and asked me if I had any money. I said " yes, that I had a half sovereign " ; and she asked me to give it her, and she would give me ss. When she got the money she told me to go home. I said I would not, unless she gave me back the money ; she then said if I did not she would have me taken up by the guard. I saw the money in her hand and caught hold of her hand to get it, when she began to scream, ; she then put the half sovereign in her mouth and I put my hand out to take it ; she then bit my hand, and I thought I heard', the half sovereign fall on the ground. She went away screaming, and I knelt down on the ground to look for it. I was taken a prisoner then by the guard, and I can get men to prove that she is in the habit of taking money and keeping single men in her house during her husband's absence. The prisoner was remanded pending the judgment of the court.

Thtjesday, Novembeb 13, William Dannody, remanded yesterday, was to-day committed to take his trial. The prosecutrix and witnesses were bound over to appear at the next Criminal Sittings of the Supremo Court at Wellington, -which will take place on the Ist prox. They will proceed thither by the Sea Serpent,

Fbidat, November 14. Williams v. Stuart, Kinross & Co. Plaintiff' claimed £11. Case ad j ourned at request of plaintiff on account of the illness of his witness. Woods v. Craoknell. A claim for £5 Bb. Judgment for the amount and costs. .■